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Grand Jury witness question,

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B

Beck

Guest
Hi,

I have an important question and please pardon my ignorance on this matter.

I have been asked to testify as a witness in a grand jury hearing next week. It is against a manager of mine in a former company where we both worked.

I want to know what exactly goes on in a grand jury hearing? I am testifying on behalf and request of the District Attorney in New York City. I am concerned about protecting myself from any incrimination and the DA office told me that all witnesses in a grand jury are automatically under immunity for whatever they say (in NY). Only if they elect to waive that, would the matter be different, or if I commit perjury.

I want to know, is this true? Am I protected in this sense. The DA's office has told me (in writing) that it is not there intent or desire to prosecute me. They are asking that I continue to cooperate in the manner that I have been thus far.

But still, I'd like to know if you can offer any advice. Especially, I'm not sure what goes on in a grand jury witness appearance. Also, the DA's office told me that when I come in on the day of the appearance, they will go over exactly what I need to say. In fact, they said i will be more or less repeating what the DA wants me to say, or in the manner in which I am to say it.

How does all this sound to you?

Btw, the only form of a 'subpeona' that I got a was a phone call from the assistant DA asking me to come. Does this count as a subpeona?

Thanks in advance & look forward to hearing back from you,

-beck
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

1. A phone call is not a formal subpoena.
2. Do not commit perjury
3. You can plead the 5th A. --> your constitutional right against self-incrimination.
4.Immunity is not automatic. Seek to have all immunity (i.e. no future prosecution).
5. Perhaps speak with a good litigator familiar with grand jury proceedings before you appear.
6. D.A. telling you or coaching you on what to say is pretty normal. Don't worry. They just want to make you and their case look flawless --> no stuttering, bantering, thinking too long, etc.


Here is a website to help you: http://www.udayton.edu/~grandjur/
 
T

Tracey

Guest
The automatic immunity means that no one can sue you for slander, no matter what you say. If you want immunity from prosecution, you need to have a written immunity agreement signed by you & the DA. Have your attorney look at it first.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 
E

Et Al

Guest
In most states, you must be personally served with a subpoena, unless statutes permit service by mail. If you received a subpoena by mail, and then the Deputy District Attorney spoke to you on the phone and confirmed you received it and spoke of the grand jury date, in some states, that is just as good as personal service, and you are commanded to appear and testify. If you do not, you are in contempt. As far as testifying, follow Lawrat's suggestion.

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I am not an attorney. This suggestion or information shall not be considered accurate information as to the laws of the state in which you are referring. For legal advice, you should see a lawyer at once.

[This message has been edited by Et Al (edited October 10, 2000).]
 

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